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SMITH v. STATE

CASE NO. 1D15-4231.

215 So.3d 113 (2017)

John Ray SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 27, 2017.

Attorney(s) appearing for the Case

Jason T. Forman , Ft. Lauderdale, for Appellant.

Pamela Jo Bondi , Attorney General, Daniel Krumbholz , Assistant Attorney General, Tallahassee, for Appellee.

Appellant was convicted of conspiracy to commit armed robbery and second-degree felony murder. While we affirm Appellant's conspiracy conviction, we reverse Appellant's conviction of second-degree felony murder, because as the State correctly concedes, conspiracy is not a predicate offense for felony-murder, and thus, the jury instruction...

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